38 U.S. Code § 8134 - General regulations

(1)The Secretary shall prescribe regulations for the purposes of this subchapter.

(2)In those regulations, the Secretary shall prescribe for each State the number of nursing home and domiciliary beds for which assistance under this subchapter may be furnished. Such regulations shall be based on projected demand for such care 10 years after the date of the enactment of the Veterans Millennium Health Care and Benefits Act by veterans who at such time are 65 years of age or older and who reside in that State. In determining such projected demand, the Secretary shall take into account travel distances for veterans and their families.

(3)

(A)In those regulations, the Secretary shall establish criteria under which the Secretary shall determine, with respect to an application for assistance under this subchapter for a project described in subparagraph (B) which is from a State that has a need for additional beds as determined under subsections (a)(2) and (d)(1), whether the need for such beds is most aptly characterized as great, significant, or limited. Such criteria shall take into account the availability of beds already operated by the Secretary and other providers which appropriately serve the needs which the State proposes to meet with its application.

(B)This paragraph applies to a project for the construction or acquisition of a new State home facility, a project to increase the number of beds available at a State home facility, and a project to replace beds at a State home facility.

(4)The Secretary shall review and, as necessary, revise regulations prescribed under paragraphs (2) and (3) not less often than every four years.

(b)The Secretary shall prescribe the following by regulation:

(1)General standards of construction, repair, and equipment for facilities constructed or acquired with assistance received under this subchapter.

(2)General standards for the furnishing of care in facilities which are constructed or acquired with assistance received under this subchapter, which standards shall be no less stringent than those standards prescribed by the Secretary pursuant to section
1720(b) of this title.

(c)The Secretary may inspect any State facility constructed or acquired with assistance received under this subchapter at such times as the Secretary deems necessary to insure that such facility meets the standards prescribed under subsection (b)(2).

(d)

(1)In prescribing regulations to carry out this subchapter, the Secretary shall provide that in the case of a State that seeks assistance under this subchapter for a project described in subsection (a)(3)(B), the determination of the unmet need for beds for State homes in that State shall be reduced by the number of beds in all previous applications submitted by that State under this subchapter, including beds which have not been recognized by the Secretary under section
1741 of this title.

(2)

(A)Financial assistance under this subchapter for a renovation project may only be provided for a project for which the total cost of construction is in excess of $400,000 (as adjusted from time-to-time in such regulations to reflect changes in costs of construction).

(B)For purposes of this paragraph, a renovation project is a project to remodel or alter existing buildings for which financial assistance under this subchapter may be provided and does not include maintenance and repair work which is the responsibility of the State.

Pub. L. 102–54amended section as in effect immediately before the enactment of Pub. L. 102–40by inserting “(a)” before “Within six months”, substituting “any amendment to this section” for “this section or any amendment to it”, designating sentence at end of par. (3) as subsec. (b), realigning such sentence, and substituting “the standards prescribed under subsection (a)(3)” for “such standards” at end of such sentence.

1976—Pub. L. 94–581substituted “date of enactment of this section or any amendment to it with respect to such amendment” for “date of enactment of this subchapter” in provisions preceding par. (1), substituted “veterans” and “veteran” for “war veterans” and “war veteran”, respectively, in par. (1), and added par. (3).

Amendment by Pub. L. 95–62effective Oct. 1, 1977, with provision for the continuing force and effect of the terms and conditions of grants made prior to Oct. 1, 1977, under former section
644 of this title and with additional provision for the modification of the terms and conditions of both grants made under former section
644 of this title prior to Oct. 1, 1977, and of grants made under this subchapter prior to Oct. 1, 1977, see section 5 ofPub. L. 95–62, set out as a note under section
8131 of this title.

Provisions of this section in effect on Nov. 10, 1999, to continue in effect after that date with respect to certain applications described in section
8135(b)(2)(A) of this title that are identified in section 207(c)(2) ofPub. L. 106–117, see section 207(c) ofPub. L. 106–117, set out as a note under section
8135 of this title.

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